Legal Question in Real Estate Law in India
I was the plaintiff in suit for possession against my brother(defendant).The main defence of the defendant was that plaintiff is a Benamidar for father (real owner) & I relied on the protection granted by Benami Act 1988.
Both the trial & the appellate courts have dismised my case on the grounds that:-
(1)The facts & circumstances & the evidence on record proves the fact that the plaintiff is a mere name lender & benamidar & the real owner of the suit property is the father of the contesting parties.
(2) As the plaintiff is not in possession of the suit property Benami Act of 1988 is not applicable to the case in hand.
On the said express findings of the courts above, do you suggest me to Appeal further?
If yes on which ground.
3 Answers from Attorneys
kindly show the papers of the case and the Judgments of the trial and appellate courts, in order to give a correct opinion.
Kind Regards
Setu Niket
Advocate
for Curare Legal
9873109672
One needs to read the whole order, not possible to comment on limited input given by you.
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